Research Directorate, Immigration and Refugee Board of Canada

1. Sexual and Domestic Violence

Sources state that, in Haiti, gender-based violence is "pervasive" (INURED 18 June 2020) or "widespread" (HRW 14 Jan. 2020).

According to a report on a mission conducted between 26 March and 7 April 2017 to Haiti by the Office français de protection des réfugiés et apatrides (OFPRA) with the Cour nationale du droit d'asile (CNDA):

[translation]

In such a context of "feminization of poverty," women victims of violence are powerless against their aggressors. On one hand, society tolerates domestic violence and considers it normal, on the other hand, sexual violence perpetrated by individuals outside the victim’s circle is also very widespread. Used as a weapon to control and subjugate the population during the Duvalier era, sexual violence is now committed by armed gangs to ensure total control of certain territories. Such practices are especially visible in poor metropolitan areas. (France 2017, 53)

Sources state that domestic violence against women is "commonplace" (US 11 Mar. 2020, 18) or "widespread" (Freedom House 4 Mar. 2020). The OFPRA report, citing Haitian NGO representatives, states that [translation] "domestic violence is a real societal problem. It is recorded in all social strata and is particularly prevalent in the impoverished areas of Port-au-Prince, as well as in remote rural areas such as Plateau central and Grand'Anse" (France 2017, 54).

According to the sixth Mortality, Morbidity and Utilization of Services Survey (Enquête Mortalité, Morbidité et Utilisation des Services, EMMUS-VI 2016-2017) published by the Haitian Childhood Institute (Institut haïtien de l’enfance, IHE), a Haitian NGO (IHE n.d.), and ICF, the organization responsible for the international Demographic and Health Surveys (DHS) program of the US Agency for International Development (USAID), [translation] "[t]wenty-nine percent (29%) of women aged 15-49 have experienced physical violence from the age of 15. Among non-single women, this violence was perpetrated, in 45% of cases, by the current husband/partner" (IHE and ICF July 2018, xxi, 389). Additionally, the Organisation for Economic Co-operation and Development (OECD), in its Social Institutions and Gender Index (SIGI), states that 21 percent of women will experience domestic violence in their lifetime, and that 59 percent of women justify domestic violence. (OECD 7 Dec. 2018, 1). According to a 2017 report by Doctors Without Borders (Médecins sans frontières, MSF) on sexual and gender-based violence against young people in Haiti, which presents data gathered between 2015 and 2017 at their Pran Men'm (Creole for "take my hand") clinic in Port-au-Prince, which specializes in providing medical and psychosocial care for people affected by sexual and gender-based violence, "[m]ore than 83% of [the clinic's] patients are rape survivors, of whom 83% are younger than 25 years of age" (MSF July 2017, 7).

For additional information on physical, sexual and domestic violence against women in Haiti, including statistics, see Response to Information Request HTI106291 of June 2019.

1.1 Reporting

In a telephone interview with the Research Directorate, a representative of MSF [1], who is involved with MSF's sexual- and gender-based violence mission in Haiti, stated that underreporting is a big issue due to the difficulty of the process, the stigma associated with victims of sexual violence, and revictimization (MSF 7 Aug. 2020). The same source further stated that medical certificates are needed for the judicial process, which can be difficult to obtain, especially in rural areas (MSF 7 Aug. 2020). Medical certificates are easier to obtain within larger towns and city centers (MSF 7 Aug. 2020). Additionally, in the case of intimate partner violence (IPV), the victim would have to pay for a certificate, because IPV is not recognized [as a criminal offence] (MSF 7 Aug. 2020). If the instance is deemed to be outside of IPV, the victim should be able to obtain a medical certificate through the Ministry of Health, although this is "not always the case" (MSF 7 Aug. 2020). Further information on the process of reporting sexual violence, including requirements for obtaining medical certificates, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Citing a 2013 UNDP study on legal assistance for women victims of gender-based violence in Haiti, the OECD states that

[r]eporting of rape appears to be a challenge for female survivors. According to the UNDP, medical certificates are required to establish a police report and judges tend to settle rape cases amicably, even though both of these practices have been revoked in article 91 of a decree approved in 1995. The study also points to the challenge that both the courts and the families and survivors tend to prefer amical solutions. (OECD 7 Dec. 2018, 5)

The US Department of State's Country Reports on Human Rights Practices for 2019 says that "[t]here were reports that in rural areas, criminal cases, including cases of sexual violence, were settled outside of the justice system" and that according to the UN Mission for Justice Support in Haiti (MINUJUSTH) and other judicial observers, "prosecutors often encouraged such settlements" (US 11 Mar. 2020, 19).

2. Treatment, Stigmatization and Revictimization

US Country Reports 2019 states that "[w]hile women were more likely to report cases of sexual and domestic violence than in the past, civil society organizations reported many victims failed to report such cases due to a lack of financial resources" (US 11 Mar. 2020, 19). In correspondence with the Research Directorate, a representative of the Interuniversity Institute for Research and Development (INURED), a think tank based in Port-au-Prince, whose mission is to "contribute to the development of high-level research and scientific training in Haiti" (INURED n.d.), stated that despite rape being illegal, victims of rape rarely pursue legal action due to shame and victim blaming, and sometimes harassment (INURED 18 June 2020). Similarly, the MSF report states that incidents of sexual and gender-based violence "are likely underreported due to stigma and shame, as well as fear of reprisals from perpetrators or from the community" (MSF July 2017, 5). The MSF representative added that the biggest factor regarding stigma can be the victim's family members and community (MSF 7 Aug. 2020). Victims are often not open to sharing their experience because of the associated stigma, but also due to the way that experience permeates into their lives (MSF 7 Aug. 2020). The stigmatization associated with sexual violence, rape, and IPV can ruin the victim's future, in terms of social isolation, rejections, future marriage, current marriage, and employment (MSF 7 Aug. 2020).

The OFPRA report states that several women's organization members received [translation] "recurrent threats," including to members of the Commission of Women Victims for Victims (Komisyon Fanm Viktim pou Viktim, KOFAVIV), [an organization in Port-au-Prince that helps rape survivors (KOFAVIV n.d.)], and the Support Group for Development in the South (Groupe d’appui au développement du Sud, GADES), [an organization in Haiti that supports women's grassroots organizations and provides "legal counseling and medical assistance to those affected by violence" (US n.d.)] (France 2017, 58). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The INURED representative, without providing further details, stated that revictimization is very common (INURED 18 June 2020). Similarly, the MSF representative stated that revictimization is one of the main issues for victims of sexual violence (MSF 7 Aug. 2020). It is a very general social tendency to blame the victim of sexual violence, so they are likely to experience reprisal if they come forward (MSF 7 Aug. 2020). The guilt is placed on the survivor who is likely to face psychological trauma and fear (MSF 7 Aug. 2020). They are also revictimized in the sense that they are deemed inferior and devalued in society, they may experience gossip, insults and jokes which can have an impact on their self-esteem, sense of purpose and mental health (MSF 7 Aug. 2020). In the case of rape perpetrated by criminals, gangs, or kidnappings (on the rise since 2019), there is a considerable chance that the victim will face reprisal by the same perpetrator(s) if they were to come forward (MSF 7 Aug. 2020).

The MSF report states that children who experience sexual violence are at a higher risk of experiencing violence in adulthood (MSF July 2017). The same source states that "[t]he fact that many cases of abuse are perpetrated by neighbours, acquaintances or even family members often prevents survivors from returning to their homes and communities, where they remain at risk of further violence" (MSF July 2017, 21). The representative from MSF further stated that a large percentage of sexual violence victims are minors (under the age of 18), and that they often know their attackers (MSF 7 Aug. 2020). This can prevent victims from going back into their community or home, where the trauma is related and where the perpetrator is (MSF 7 Aug. 2020). Additionally, the MSF representative stated that survivors are often not accepted back into their home/family, and may be rejected by their husband, due to victim blaming (MSF 7 Aug. 2020). They become isolated and have very little opportunity to reintegrate into their community or family (MSF 7 Aug. 2020).

The MSF representative stated that there are high-risk groups associated with sexual violence, including children, adolescents, people with low income, sex workers, and child laborers (MSF 7 Aug. 2020). Specifically, at the MSF clinics in Port-au-Prince, there are also the following high-risk groups: LGBTQ community, male survivors, IPV, restaveks [children who are domestic workers in a "modern kind of slavery" (Restavek Freedom n.d.)], and female prisoners (MSF 7 Aug. 2020). The MSF representative also stated that it is hard to know how prevalent sexual violence is among male victims because it is very rare for them to come forward; and if they do come forward, they would have little to no availability to seek medical care or access the judicial system (MSF 7 Aug. 2020).

3. Legislation and State Response

Sources state that there is no legislation addressing domestic violence (Freedom House 4 Mar. 2020; US 11 Mar. 2020, 18; OECD 7 Dec. 2018) or violence against women (OECD 7 Dec. 2018). For additional information on legislation regarding violence against women, see section 2 of Response to Information HTI106291 of June 2019.

Freedom House states that "domestic violence and rape are underreported and rarely result in successful prosecutions, with justice officials often favoring reconciliation or other forms of settlement" (Freedom House 4 Mar. 2020). The INURED representative stated that "[b]ased on a database of records provided by the Ministry of Justice and Public Security to the Human Rights section of MINUSTAH, the average number of 'reported' rapes across the country is 250 per 100,000 inhabitants, but the actual number is at least 10 times higher" (INURED 18 June 2020). Additionally, US Country Reports 2019 indicates that "[j]udges often released suspects arrested for domestic violence and rape" and that "[v]ictims of rape and other forms of sexual violence faced major obstacles in seeking legal justice" (US 11 Mar. 2020, 18, 19).

The INURED representative stated that "spousal rape is not recognized as a crime as it is part of a woman's marital 'duty' to have sexual intercourse with her husband" (INURED 18 June 2020). According to the EMMUS-VI survey, 53 percent of non-single women respondents indicated that they could refuse sex with their partner when they did not want to have sex (IHE and ICF July 2018, 366). US Country Reports 2019 provides the following information:

The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years of forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. Actual sentences were often less severe. The criminal code excuses a husband who kills his wife, her partner, or both found engaging in adultery in the husband’s home, but a wife who kills her husband under similar circumstances is subject to prosecution. (US 11 Mar. 2020, 18)

Amnesty International states that in April 2017, "the government tabled comprehensive reforms of the Criminal Code in Parliament. It contained new provisions to tackle sexual violence, including criminalizing rape in marriage" (Amnesty International 22 Feb. 2018). However, according to Human Rights Watch (HRW), in their annual report for 2019,

[t]here has been little progress toward passage of a criminal code reform submitted to parliament in April 2017 that would address some of these gaps in protection. The draft criminal code would also partially decriminalize abortion, which is currently prohibited in all circumstances, including in cases of sexual violence. (HRW 14 Jan. 2020)

The INURED representative said that

[d]uring investigations and court proceedings, victims are systematically asked about their virginity or the clothing they wore at the time of the assault, suggesting that they may have been complicit in the crime. Further, sentencing guidelines are often not enforced as perpetrators receive lighter sentences. (INURED 18 June 2020)

The INURED representative indicated that information found in a 2013 MINUSTAH study shows that "only 47% of sexual assault complaints made in that year were pursued for investigation" (INURED 18 June 2020).

According to a field note by Marianne Tøraasen, a PhD student studying female judges in Haiti, published by the Chr. Michelsen Institute (CMI), an "independent development research institute in Norway" (CMI n.d.),

[t]he judiciary is allocated very little in the state budget, and one of the consequences is that judges are not able to do what they are supposed to. As stated by one male judge: "Sometimes we don’t even have the paper we need to call in people to court". Further, judges report that the preservation, analysis and use of forensic evidence is highly underdeveloped, which hampers the process of gathering evidence in gender-based violence cases.

One of the consequences is an intense backlog of cases. This, in addition to low wages for judges, drives corruption, which permeates the Haitian justice system. Those who are able and willing to pay a little extra, gets their cases prioritized. In fact, according to the U.S. State Department 2014 Haiti Human Rights Report, "bribes were often the principal factor in a judge’s decision to hear a case" in lower courts. This affects poorer victims of violence disproportionally, and may even lead victims without representation and knowledge of the system to drop their complaints entirely. (Tøraasen 2019)

4. Support Services

US Country Reports 2019 states that "[v]ictims of rape and other forms of sexual violence faced major obstacles in … accessing protective services such as women’s shelters" (US 11 Mar. 2020, 19). The 2017 MSF report notes that while "MSF works with a network of local organisations providing social and protection services" for women and children victims of violence, there is a "lack of shelter and short-term safe houses for survivors" (MSF July 2017, 21). The same source adds the following:

Of the patients cared for in the Pran Men’m clinic from May 2015 to March 2017, 67% are in need of social support. Of these, 49% are in need of protection (including safe shelter and child protection services). Out of the total number of survivors, 28% have been referred for legal assistance to press charges against perpetrators. Despite the enormous need for social and protection services, there is a huge constraint due to lack of sustainable funding and proper referral mechanisms to ensure comprehensive care. (MSF July 2017, 21)

According to a 2017 report published by the Copenhagen Consensus Center [2], services available to victims of IPV include:

1. Shelters in four (4) departments of the country (North, Northeast, South-East and West) to accommodate women victims of violence. The Shelter in the West was destroyed during the earthquake of January 12, 2010 and the Ministère à la Condition Féminine et aux Droits des Femmes (MCFDF) is currently trying to raise funds for the construction of a new shelter. Forensic, psychosocial, legal and social services are provided at these shelters, which are all managed by women's organizations, with the MCFDF playing a coordinating role.

2. Legal assistance with filing complaints with authorities for IPV survivors. The Legal Aid Bureau (Bureau d’Assistance Légale) is under the Ministry of Justice but is only operational in the Port-au Prince area. Civil society organizations also provide legal assistance to IPV survivors and often accompany them to the police and court. However, many of the representatives of these organizations have no legal training (UNDP, 2014).

3. Medical treatment and psychological counselling for victims of rape or sexual assault: Many civil society organizations and clinics provide both emergency medical assistance within 72 hours of an assault, and long-term medical and psychological care. One example is the Commission of Women Victims for Victims (KOFAVIV). Haiti has also revised the sexual assault case registration form to harmonize data collection across clinics and organizations. An MOU has also been signed between the MCFDF and the Ministère de la Santé Publique et de la Population (MSPP) for the provision of a free medical certificate in cases of sexual assault.

4. Training and awareness campaigns. Civil society organizations have been conducting activities to raise awareness about women’s rights, available social, legal, and medical services for IPV survivors, and how to prevent sexually-transmitted infections. One such organization is Kay[ ]Fanm. (Hoeffler, et al. 17 Apr. 2017, 12-13, in-text reference in original)

The OFPRA report, citing various NGO representatives and a feminist activist, gives the following information on grassroots community organizations:

[translation]

There are a few grassroot organisations that work or have worked with women who have been victims of violence such as Femmes combattantes avisées pour le développement d’Haïti [Conscious Women Fighting for the Development of Haiti] (FEMCADH), Fanm Viktim Leve Kanpe (FAVILEK), Komisyon Fanm Viktim pou Viktim (KOFAVIV), Kodinasyon Nasyonal Mwon Vikim Direk (KONAMAVID), Coordination des femmes du Sud [Coordination of the Women of the South] (KOFASID), Groupe d’appui au développement du Sud (GADES). Most of these groups organize around professional or social advocacy, and are made up of women who have little education and are often victims of violence themselves. They work on the ground in the area where their members are from, and relay the cases of women victims to the non-governmental and international organisations they are in touch with.

These organisations have a limited influence because of their financial insecurity and a lack of continuity in their action. Their funding depends mainly on international donors who set up short-term programmes, which do not allow them to operate on a sustainable basis in the country. This is notably the case of the FEMCADH, which was able to benefit from an international programme after the earthquake and no longer has premises to accommodate its members. There is also a risk of "political instrumentalization" by actors who use these organizations for the sole purpose of attracting funds from international institutions. (France 2017, 58)

For further information on state protection and support services for women victims of violence, see Response to Information Request HTI106291 of June 2019.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The MSF representative noted that the information provided is specific to what they see in MSF clinics in Port-au-Prince and in the Artibonite department and may be distinct from the situation in other parts of the country.

[2] The Copenhagen Consensus Center is a think tank that researches "solutions for the world’s biggest problems"; its “Haïti Priorise” project aims to identify “smart priorities” for the country in order to find the most effective and efficient solutions to its problems (Copenhagen Consensus Center n.d.). The report was prepared by Anke Hoeffler from the University of Oxford’s Department of Economics and research officer at the Centre for the Study of African Economies, Jean Guy Honoré from the University of Washington’s Department of Global Health, and Anastasia Gage from Tulane University’s Department of Global Community Health and Behavioral Sciences (Hoeffler, et al. 17 Apr. 2017).

References

Amnesty International. 22 February 2018. "Haiti." Amnesty International Report 2017/18: The State of the World's Human Rights. [Accessed 8 June 2020]

Chr. Michelsen Institute (CMI). N.d. "Who We Are." [Accessed 18 Aug. 2020]

Copenhagen Consensus Centre. N.d. "Our Story." [Accessed 18 Aug. 2020]

France. 2017. Office français de protection des réfugiés et apatrides (OFPRA) with Cour nationale du droit d'asile (CNDA). Rapport de mission en République d'Haïti du 26 mars au 7 avril 2017. [Accessed 2 June 2020]

Freedom House. 4 March 2020. "Haiti." Freedom in the World 2020. [Accessed 2 June 2020]

Hoeffler, Anke, Jean Guy Honoré and Anastasia Gage. 17 April 2017. Domestic Violence in Haiti. Haïti Priorise, Copenhagen Consensus Center. [Accessed 12 June 2020]

Human Rights Watch (HRW). 14 January 2020. "Haiti." World Report 2020: Events of 2019. [Accessed 10 June 2020]

Institut haïtien de l’Enfance (IHE) and ICF. July 2018. Haïti: enquête mortalité, morbidité et utilisation des services (EMMUS-VI 2016-2017). [Accessed 6 June 2020]

Interuniversity Institute for Research and Development (INURED). 18 June 2020. Correspondence from a representative to the Research Directorate.

Interuniversity Institute for Research and Development (INURED). N.d. “Mission.” [Accessed 17 June 2020]

Komisyon Fanm Viktim pou Viktim (KOFAVIV). N.d.a. "Historique." [Accessed 18 Aug. 2020]

Médecins sans frontières (MSF). 7 August 2020. Telephone interview with a representative.

Médecins sans frontières (MSF). July 2017. Against Their Will: Sexual and Gender Based Violence Against Young People in Haiti. [Accessed 12 June 2020]

Organisation for Economic Co-operation and Development (OECD). 7 December 2018. "Haiti." Social Institutions and Gender Index (SIGI). [Accessed 4 June 2020]

Restavek Freedom. N.d. "Learn." [Accessed 18 Aug. 2020]

Tøraasen, Marianne. 2019. Chr. Michelsen Institute (CMI). "The Long Fight Against Impunity for Gender-Based Violence in Haiti." [Accessed 17 July 2020]

United States (US). 11 March 2020. Department of State. "Haiti." Country Reports on Human Rights Practices for 2019. [Accessed 1 June 2020]

United States (US). N.d. Inter-American Foundation (IAF). "Project Description." [Accessed 18 Aug. 2020]

Additional Sources Consulted

Oral sources: Digital Democracy; Haitian Global Health Alliance; professors who conduct research on the situation of women in Haiti.

Internet sites, including: Avocats sans frontières Canada; ecoi.net; Equality Now; Factiva; Kay Fanm; Millennium Development Goals Achievement Fund; Reuters; Solidarite Fanm Ayisyen; UK – Home Office; UN – Refworld, UN Women, World Health Organization; World Bank.